Orange County NC Website
Browse       Search
15 <br /> In all events,the manner of undertaking any use or activity within the Farmstead Envelope <br /> shall not permit the destruction of any "significant conservation interest" as that phrase is <br /> used in Reg. Section 1.170A-14(e)(2), Income tax regs. or otherwise conflict with the <br /> conservation purposes of this Conservation Easement. <br /> The construction, replacement and reconstruction of any building or other structure on the <br /> Property is prohibited except in accordance with this Section 2(D). It is the intent of this <br /> Section and Section 2(M) below that no buildings or other structures (except minor <br /> structures as provided in subsection (ii) of this Section below and fences as provided in <br /> subsection (iv) of this Section below) are permitted to be constructed, replaced, or <br /> reconstructed outside of the Farmstead Envelope. <br /> All new construction and improvements shall be sited so as to cause the least disturbance <br /> to the Property's Conservation Values and shall conform to the restrictions described in <br /> Section 2(E). Notwithstanding anything herein to the contrary, the total impervious <br /> surfaces within the Property shall not exceed two percent (2%) of the total acreage of the <br /> Property. If the Property is subdivided in accordance with Section 2(N) below, then each <br /> resulting portion of the Property shall continue to be subject to this two percent (2%) <br /> limitation on impervious surface. For example and not by way of limitation, if a resulting <br /> parcel is 30 acres, then such 30 acre parcel will be limited to a maximum of two percent <br /> (2%) impervious surface, meaning a total of six tenths (6/10) of an acre. <br /> For purposes of this Conservation Easement, the term "impervious surface" shall include: <br /> roof tops; asphalt surfaces;concrete surfaces;brick surfaces; stone surfaces;patios or decks <br /> (not including wood slatted decks, docks, or pervious pavers or patio system); retaining <br /> walls; concrete bases of solar panel installations; and all other surfaces that fully restrict <br /> the percolation of water into the soil. The term "impervious surface" shall not include <br /> compacted dirt or gravel surfaces or other surfaces that do not fully restrict the percolation <br /> of water into the soil. <br /> Subject to the foregoing: <br /> (i) Agricultural Structures & Improvements - New buildings and other <br /> structures and improvements used or usable for agricultural or forestry purposes, <br /> including processing or sale of farm products predominantly grown or raised on the <br /> Property, may be built within the Farmstead Envelope. <br /> No building or structure permitted pursuant to this subsection may exceed fifty(50) <br /> feet in height, measured from the original average grade of the structure's locus to <br /> the ridgeline, chimneys included. Notwithstanding the foregoing, buildings and <br /> structures existing as of the date of this Conservation Easement shall not be in <br /> violation of this provision so long as their height is not increased, and in the event <br /> such buildings and structures are damaged or destroyed as a result of an event <br /> outside of Grantor's control, such buildings and structures may be rebuilt to the <br /> same height as they exist as of the date of this Conservation Easement. <br /> 9 <br />